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Establishment of Specialized in The Philippines: Intellectual Property Court

The document discusses the proposal to revive specialized intellectual property courts in the Philippines to handle the growing caseload of IP cases. The Intellectual Property Office of the Philippines (IPOPHL) is seeking approval from the Chief Justice to establish separate IP courts again. Previously, specialized IP courts existed but were merged with commercial courts due to lack of cases. However, with rising business activity and demand for new technology protections, the backlog of IP cases is increasing. IPOPHL hopes that specialized IP courts staffed by judges with expertise in complex IP issues can help address case delays.

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74 views

Establishment of Specialized in The Philippines: Intellectual Property Court

The document discusses the proposal to revive specialized intellectual property courts in the Philippines to handle the growing caseload of IP cases. The Intellectual Property Office of the Philippines (IPOPHL) is seeking approval from the Chief Justice to establish separate IP courts again. Previously, specialized IP courts existed but were merged with commercial courts due to lack of cases. However, with rising business activity and demand for new technology protections, the backlog of IP cases is increasing. IPOPHL hopes that specialized IP courts staffed by judges with expertise in complex IP issues can help address case delays.

Uploaded by

Ira
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ESTABLISHMENT

OF SPECIALIZED
INTELLECTUAL
PROPERTY COURT
IN THE
PHILIPPINES
?
? ?

?
2 “The Frap Bar Everyone Deserves and Designs”

0
1 VS.

4
Source: ABS-CBN
News, 2014
It can be an invention a design
(PATENT / UTILITY (INDUSTRIAL DESIGN),
MODEL),

Intellectual
Property
or a literary and
a brand name
artistic work
(TRADEMARK),
(COPYRIGHT).
Intellectual Property Office (IPO)
of the Philippines

A government organization that strives


to ensure the effective use of intellectual
Property System that aims to protect the
intellectual property rights in all levels of
society

Development Oriented
Regulatory
Enforcement
Adjudicatory
Policy-making
Adjudicatory
Hear and decide cases relating to:

1. Violations of IP Rights
2. Cancellations and oppositions
to registration
3. Compulsory licensing
4. Settle disputes involving
technology transfer payments
L INGS
RT Y F I
ROPE
TUAL
P
L L E C
2019
INT E

2018
2017
10,024 11,327
8,761 DEMAND FOR
PROTECTION OF NEW
INCREASE IN TECHNOLOGY AND INNOVATIONS
RISE IN BUSINESS
INNOVATIVE
CAPACITY ACTIVITY
Caseload related to IPR Estimated Pending
according to Cases according to the
Department of Justice Legal Affairs of
(DOJ) National Intellectual Property
Prosecution Office Office (IPO)

2017 2018
44.15% 1000
937 (Bureau of Legal Affairs)
To revive courts specializing in intellectual property rights (IPR) cases,
amid a surge in counterfeiting and with REGULAR COURTS BUSY
PROSECUTING ILLEGAL DRUG CASES.

“We’re seeking an audience with the


Chief Justice [Lucas P.] Bersamin, to be
able to see if we can still come up with
separate IP (Intellectual Property)
courts,”

The courts specializing in IPR cases used to be


a feature of judiciary but fell into disuses
due to lack of cases. They were eventually
merged with commercial court.
IPOPHL Deputy Director-General Teodoro C. Pascua said in an
interview with BusinessWorld in Quezon City earlier in April,
adding that he hopes the meeting can take place within the
month last April 22, 2019.
Andrew Jane (2009) in his article published in Pace
International Review, which entitled “Why Intellectual Property
Rights Infringement Remains Entrenched in the
Philippines?”

“establishing Specialized Intellectual Property Rights Courts, a


long-term goal of Intellectual Property Philippines, may be one way to
cut down on Intellectual Property Right case backlogs and delays and
build a group of judges better equipped to handle complex Intellectual
Property Right issues.”
Research Questions
1. What is the history of the Specialized
Intellectual Property Court in the Philippines?

2. How does the IPOPHL, as the government


agency mandated to strengthen the protection of
Intellectual Property Rights, currently handle the IP
cases?
3. What are the initiatives of the government or
proposals for the establishment of specialized
Intellectual Property Court?
4. How the other countries successfully implemented
specialized IPC?

5. How can these models be adopted in our country in terms of


geographic location, economic and legal needs?
This study will only cover the
Scope and Limitations existing Republic Act No.
8293, “AN ACT PRESCRIBING
THE INTELLECTUAL
The framework will be limited PROPERTY CODE AND
on the chosen models of ESTABLISHING THE
INTELLECTUAL PROPERTY
several countries which
OFFICE, PROVIDING FOR ITS
successfully implemented
POWERS AND FUNCTIONS,
Specialized IP Court. AND FOR OTHER PURPOSES”
and the amendments to the
For the reports of the Rules of Procedure (in
chosen countries, the relation to the establishment
available data uploaded of Specialized IP Court).
online, will be used.
Methods

Non-doctrinal
Conduct interviews with the Intellectual Property Office

Doctrinal
Analyze available literatures online
Purpose and
Significance Promote a competitive advantage
of the Study in the global market as it allows
the entry of more investors with
high confidence on the intellectual
Create a framework that will rights protection
address the issue of IP cases
backlogs
Bolster the Philippines' standing
Enlighten the path of IPO in the areas of rule of law and
administration of justice and will
towards the establishment of be beneficial, as this will serve a
Specialized IPC greater number of stakeholders
-IPOPHL Director-General (DG)
Learn from the success of Josephine R. Santiago
other countries especially our
neighboring countries in
establishing Specialized IP
Court
Photos taken from:
https://www.philstar.com/pilipino-star-
ngayon/showbiz/2019/08/12/1942552/you-do-note-girl-di-nakilala-si-kathryn

http://nymag.com/intelligencer/2016/08/meet-gavin-the-five-year-old-meme-
star.html
https://twitter.com/IPOPHL/status/1055751927399505920

https://img.buzzfeed.com/buzzfeed-static/static/2018-11/30/14/asset/buzzfeed-
prod-web-03/sub-buzz-21659-1543606040-1.png?downsize=700:*&output-
format=auto&output-quality=auto

https://twitter.com/IPOPHL

https://www.ipophil.gov.ph/
References:

(2014, September 26). Starbucks wins Philippine case over 'Frap' trademark. ABS-CBN
News. Retrieved from https://news.abs-cbn.com/business/09/26/14/starbucks-wins-
philippine-case-over-frap-trademark-report.

(n. d.). Intellectual Property Office of the Philippines. Retrieved from:


https://www.ipophil.gov.ph/.

Lim, J. C. (2019). IPOPHL lobbying for revival of special courts for IP cases. Retrieved from:
https://www.bworldonline.com/ipophl-lobbying-for-revival-of-special-courts-for-ip-cases/.

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